It shall hereafter be unlawful for any person
to keep or maintain a junkyard or junk shop or deal in junk at any
place within the Village without first having obtained a license for
such purpose as hereinafter provided and in any manner contrary to
the provisions of this chapter.
The license, when issued by the Village, shall
be displayed in a conspicuous place upon the licensed premises at
all times.
No license issued under this chapter shall entitle
any licensee to operate under such license at, in or on any lot, building
or location or any part thereof other than that specified in the license,
and no license shall be assignable or transferable to any other person
or party whatever. A license shall be transferable from its original
site to another site owned and controlled by the holder of the license
upon application to the Board of Commissioners, provided that the
new site to which the transfer is sought complies in all respects
with the requirements of this chapter which may be applicable thereto.
A fee of $25 shall be paid for such transfer.
All applicants desiring a license for the maintenance
of a junkyard or junk shop or as a junk dealer shall first file a
written application, signed by the applicant, with the Village Clerk,
containing the following information:
A.
The name, address and status of the applicant, that
is, whether the application is made by an individual, a partnership,
corporation or an association. In the case of a corporation, the name
and address of the registered agent shall be stated.
B.
The place or places of permanent residence of the
applicant for each of the preceding three years.
C.
A full description of the premises desired to be licensed,
including a metes and bounds description of the lands constituting
the premises, together with a description of any buildings or improvements
thereon, and a sketch, diagram or map of the lands desired to be licensed.
D.
A description of the type and size of any buildings
to be maintained as a junk shop.
E.
A description of materials to be purchased or sold
or stored in any junk shop or on any junkyard or in which any junk
dealer intends to deal.
F.
A statement of the number and places of arrests or
convictions for crimes against the applicant and the nature of the
offenses upon which such arrests or convictions were made.
G.
A statement of the equipment to be used in the operation
of the business and the method of operation.
The application shall be accompanied by the
license fee payable for the period involved.
An applicant for a license shall cause notice
of the application to be published twice in successive weeks, at least
once in each week, in a newspaper published and circulated within
the Village, the first publication of which shall not be more than
24 days prior to the date for consideration of such application by
the Board of Commissioners, and the applicant shall also file due
proof of publication of the application with the Village Clerk prior
to the date for consideration of the application.
The Village Clerk shall forward all applications,
together with the fees accompanying the same and proofs of publication,
to the Board of Commissioners at its next meeting following receipt
of proofs of publication from the applicant.
If the applicant is not the owner of the site
where the business is to be conducted, the owner's written consent
to the conduct of the business described in the application shall
be annexed to the application.
The Board of Commissioners may consider the
application for a license at the meeting at which such application
and proofs and fees are presented, or it may set a date for a hearing
to be held on the application at a reasonable time thereafter, which
hearing, however, shall not be later than one month from the date
of the receipt of the application. At the hearing, any objectors to
the license and the applicant shall be heard and may present any relevant
evidence.
A.
If a hearing on the application for license is set,
the Board of Commissioners may investigate the applicant and the matters
set forth in the application through its own officers, employees or
representatives, and:
(1)
Require the Chief or Assistant Chief of any duly established
fire department located within the Village, to be appointed for the
purpose by the Mayor, to make an inspection of the premises to determine
whether the operations involved or the proposed location for the operation
would constitute a fire hazard to the surrounding neighborhood. Such
persons shall make report in writing to the Village Clerk at least
five days prior to the date of hearing, which report, if unfavorable,
shall set forth the facts or evidence upon which an unfavorable recommendation
is based.
(2)
Cause an investigation to be made of the applicant
by the Police Department to determine whether the applicant has ever
been convicted of or is charged with a crime involving moral turpitude
or has been convicted of a violation of any of the provisions of this
chapter. The Police Department shall make a report in writing as to
the foregoing, including the nature of any violations or outstanding
charges and the date and place thereof. Reports shall be filed with
the Village Clerk at least five days before the hearing thereon.
B.
The Board of Commissioners may investigate and consider
as part of its determination for the issuance of a license any unreasonable
depreciation of surrounding property of adjoining owners which might
ensue from the establishment or maintenance of such a business at
the location designated in the application. The proximity of schools,
churches, public highways; the suitability of the applicant to receive
the license, which shall include his arrest or conviction for criminal
acts; public convenience and necessity, and social and aesthetic desirability
shall also be taken into consideration of such application.
C.
A copy of all reports shall be furnished to the applicant
at the same time they are filed with the Village Clerk.
After considering all evidence with respect
to the application, the Board of Commissioners may deny or revoke
the license to an applicant for good cause. If any application for
a license is denied or revoked, the Board of Commissioners shall state
in writing the reason for the denial or revocation.
The Board of Commissioners, after investigating
and considering an application for a license under this chapter, or
after a hearing on the same, shall, if the application complies with
the provisions of this chapter, authorize the Village Clerk to issue
a license to the applicant, which license shall be effective from
the date of issuance to 12:00 midnight of December 31 of the year
in which issued.
[Amended 12-22-1981 by Ord. No. 18-81]
The annual fee for each license issued under
this chapter shall be $200, which shall be prorated where the license
shall not have been issued on January 1 of a year, and any period
of a month over 15 days shall constitute 1/2 month for the purposes
of prorating the annual fee.
Payment of the license fees shall accompany
filing of all applications for licenses or for any intention to renew
thereafter. In the event an application for license is denied or a
renewal license is denied, such fee shall be returned less 10% for
the cost of the Village in investigating and processing the same.
In the event a license shall be revoked for good cause shown or terminated
voluntarily by the licensee, there shall be no refund of any portion
of the license fee.
A.
Any license issued by the Village may be renewed each
year thereafter after publication of notice of application by furnishing
notice of intention to renew such license in writing with the Village
Clerk at least 30 days prior to the first of the year and upon payment
of the annual license fee. Such publication shall be in a paper published
and circulated in the Village at the applicant's expense.
B.
No hearing shall be required for the issuance of any
renewal license unless objections are filed in writing with the Village
Clerk by any inhabitant or taxpayer of the Village against the renewal
of such license. In the event a written objection is filed before
renewal as herein provided, the Board of Commissioners shall set a
date for hearing and proceed to hear the objection and all evidence
for and against the issuance of such license no later than 15 days
from the beginning of the renewal period, and at the conclusion of
the hearing, the Board of Commissioners shall determine whether to
issue a renewal license or to deny the same if the evidence presented
indicates sufficient cause by virtue of prior violations of this chapter
by the licensee.
The Board of Commissioners may authorize a temporary
permit for such licensee until the hearing has been completed and
a determination made so that the business of a licensee may not be
suspended or interfered with unreasonably.
The Board of Commissioners may revoke any license
granted at any time during the period for which the license was issued,
on the Board of Commissioners' own action or on the objection of any
taxpayer or inhabitant of the Village, for good cause shown, after
a hearing provided to the licensee following complaint in writing
and at least seven days' notice to the licensee setting forth the
grounds of complaint.
